WP expired. Implied Status. LMO rejected after 14 weeks. Seeking restoration...

[gally]

Hi all,

The LMO (MB) was rejected :'( due to CIC disbelief that no Canadian worker available to do this HR job. Anyone appealed this decision?

I received a letter advising I can apply for restoration of status. The fee of $350 suggests I apply for the Worker restoration however I do not have an LMO, although my employer is willing to offer FT Perm.

Once restoration is granted (how long does this take?) - what is the best option to allow me to continue working
1) Common Law sponsorship
2) Canadian Experience Class
3) MPNP

Many thanks for any responses,

 

[jes_ON]

With no LMO, you can apply for a restoration of status as a VISITOR only. That will allow you to stay - but not work - while you pursue other options.

If you have a permanent job offer in a qualifying occupation, MNPNP is probably your quickest path to both a new work permit and PR...

Out of curiousity, what's the NOC that was rejected for the LMO?

 

[gally]

Re: WP expired. Implied Status. LMO rejected after 14 weeks. Seeking restoration

I just got off the phone with CIC; they could not conclude or clarify that "no LMO.....Visitor only" So thank you for your providing some clarity. I will be doing so.

NOC 1223. It is discouraging to try and seek a new employer to submit LMO. They will most likely receive same response right? Do you think the employer can challenge this decision?

MNPNP - Im assuming I cannot go the Employer Direct path as I dont have a current WP, correct?

 

[jes_ON]

HR job - I'm not surprised about the negative LMO. How did you get the original work permit - LMO, or...? How well did your employer document the recruitment efforts?

Common law sponsorship - Once your sponsor is approved, I believe you are eligible for a work permit...

Don't know too much about the MNPNP - you should call them. PNPs are much more helpful on the telephone than CIC can be...

The good news is, it seems you have options.

 

[gally]

Re: WP expired. Implied Status. LMO rejected after 14 weeks. Seeking restoration

Original WP - WHP
Refusal letter mentioned lack of efforts in recruitment of HR graduates. They listed all the local colleges they couldve tried recruiting from.

Do you know how the restoration of status works? What happens after I send the app.. How long does it take before I receive a response? What is the most effective reasons/proof to provide to ensure approval?

 

[kelKel]

If you apply for PR through the inland common law route you won't be able to work for about 9 months from the time you submit the application. Depending on what country you are from an outland application might actually be quicker. If you're from a visa exempt country since you've been admitted to Canada legally for a year you can apply through Buffalo so you wouldn't have to fly home for an interview. Unfortunately through the family class you can't work until you get PR unless of course you can secure a positive LMO.